NYS Education Law Article 129-A Certification

NYS Education Law Article 129-A Certification

New York State Education Law Article 129-A 

New York State Education Law Article 129-A requires all New York State public and private colleges and universities to maintain policies related to specific provisions of this Article. This Article is comprised of laws that affect SUNY campuses, which include:

  1. advisory committee on campus security;
  2. sexual assault, domestic violence and stalking prevention information;
  3. campus crime reporting and statistics;
  4. investigation of violent felony offenses;
  5. bias related crime prevention information;
  6. prohibition on the marketing of credit cards; and
  7. notification of fire safety standards and measures in all college-owned or operated housing.  

Pursuant to Education Law § 6430, each year, public and private colleges must provide certification to the New York State Education Department Office of Higher Education (NYSED) that the institution is in compliance with all applicable provisions of the Article.

In addition to the certification form that must be submitted on or before July 1st of each year to NYSED, the law also requires that every ten years, institutions must submit submit actual copies of their policies to demonstrate their compliance rather than signing a form attesting that policies exist. This ten year requirement occurred last in 2004. Therefore, in 2014, all New York State institutions, including SUNY campuses, must once again submit their policies related to the various provisions on or before July 1st to NYSED. For the 2014 compliance year, NYSED has extended the deadline to September 2nd.

Compliance with NYS Article 129-A at SUNY

Within SUNY, this compliance certification is NOT done centrally through System Administration. Each campus is required to submit their own certification on behalf of their institution. Each SUNY campus President, who is the required signator on the certification form, has the duty to submit certification for their own institution on or before July 1st of each year.

What the SUNY Campus Must Certify for 2014:

The certification form requires that campus Presidents certify to the New York State Education Department Office of Higher Education that they are in compliance with Article 129-A of the New York State Education Law and its various provisions.

In addition to the certification form that must be submitted on or before July 1st of each year to NYSED, SUNY institutions must submit actual copies of their policies to demonstrate their compliance, rather than just signing a form attesting that the institution is in compliance.  The policies must be sent in hard copy.  The SUNY Compliance Office has created a checklist of exactly what policies must be submitted.  Please email the Compliance Office for a copy of the checklist.

NOTE: Deadline extension
Institutions have until September 2, 2014 to comply with the Certification of Compliance and Policy Submission.  The 2014-2015 Certification Form and Policy Submission must be sent to NYSED by September 2nd for the campus to be considered in compliance.  Campuses must use the certification form that was recently updated on NYSED's website.  See below for a link to the form, anf the memorandum sent out by NYSED explaining how to comply.

Applicable Laws and Regulations

New York State Article 129-A and Related Provisions

Article 129-A REGULATION BY COLLEGES OF CONDUCT ON CAMPUSES AND OTHER COLLEGE PROPERTY USED FOR EDUCATIONAL PURPOSES
6430 General provisions.
6431 Advisory committee on campus security.
6432 Sexual assault, domestic violence and stalking prevention information.
6433 Campus crime reporting and statistics.
6434 Investigation of violent felony offenses.
6435 Appointment of private college security officers.
6436 Bias related crime prevention information.
6437 Prohibition on the marketing of credit cards.
6438 Notification of fire safety standards and measures in all college-owned or college-operated housing.

Supplemental Materials

SUNY Compliance Checklist Guidance Document: The SUNY Compliance Office has created a checklist of exactly what policies must be submitted to comply with the provisions of the law.  Please email the Compliance Office for a copy of the checklist.

Applicable Websites

New York State Education Department Office of Higher Education, Webpage on Article 129-A of the Education law

Forms and Communications from NYSED

Articles

Article- New York Institutions: Time to Get a Head Start on the Decennial Article 129-A Filing Requirement for Campus Policies,
Bond, Shoeneck & King, By Philip J. Zaccheo on January 6, 2014


The information contained on the SUNY Compliance website is for general campus guidance only and is not intended, nor can be relied upon, as legal advice or the imposition on SUNY campuses of specific policies or requirements. The site is intended to be an informational-only clearinghouse for some of the laws, rules, and regulations that may impact the State University of New York’s campuses. Additionally, given the rapid, changing nature of laws, rules and regulations, there may be delays or omissions contained on this site which therefore cannot be relied upon as complete. For complete compliance information, consult your campus compliance officials or the SUNY Director of Compliance. For legal advice, consult your lawyer.

Compliance